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Congressional Activity

January 7, 2005 - Rep. Jerry Lewis (R-CA), the new Chairman of the House Appropriations Committee, was interviewed for C-SPAN’s radio program Washington Journal this morning.  It will be rebroadcast; check your local TV and radio listings, or go to www.c-span.org 

Chairman Lewis has been a Member of the House since 1979 and takes over the 55-member Committee from Rep. C.W. Bill Young (R-FL); he will likely hold the post for the next six years.  Rep. Obey (D-WI) is the Ranking Member.  The Chairmanship was thought to be going to the more senior Sen. Regula (R-OH), but apparently Sen. Lewis ability to raise more funds for the GOP, and his loyalty to the Republican leadership, moved him ahead of the competition for the powerful Chairmanship position on Appropriations.

The listener-call-in show featured questions ranging from the cost of immigration policies to possible Tsunami-relief levels, to his opinion of California Governor Arnold Schwarzenegger.  

On spending in his home District (Calif. 41^st), Chairman Lewis replied that the Santa Ana River Project and various flood control projects by the Corps of Engineers would receive his attention.  Answering a question regarding the process that led to an FY’05 Omnibus Spending bill, he answered that, “We will insure that 13 Appropriations Bills are ready to go to Conference by early spring .. and this will also help address our deficit problem.”

Chairman Lewis and Leader Delay Consider Appropriations Shake-up

New House Appropriations Committee Chairman Jerry Lewis (R-CA) will consider a proposal offered by House Majority Leader Tom DeLay (R-TX) to reduce the number of Appropriations Subcommittees from 13 to 10, in an effort to streamline the annual budget process for environment and energy programs.  No details of Rep. Delay’s plan are available yet, but the rumor is the elimination of the Military Construction, District of Columbia, Agriculture and Legislative Branch Subcommittees.  There is also the matter of timing, as both House and Senate Appropriations Committees will hold their first Hearings on the President's FY’06 Budget Proposals inside of two months.

Burr Named to Senate Energy Subcommittee

Sen. Richard Burr (R-NC), a freshman Senator with ten years on the House side and with an interest in electric policy issues, has been chosen as Vice Chairman of the Senate Energy and Natural Resources Subcommittee on Energy.  He said that he is looking forward to working with Energy and Natural Resources Committee Chairman Pete Domenici (R-NM) on comprehensive energy legislation this year.  Following the November elections, there are at least two or three more Senate votes for an Energy Bill similar to that passed last year in the House.

New Senate Water and Power Subcommittee Assignments

Sen. Murkowski (R-AK) returns as Chairwoman of the Subcommittee and Sen. Smith (R-OR) will be the new Vice Chairman, replacing departing Sen. Ben Nighthorse Campbell (R-CO). New  names on the Republicans side are: Senators Burr (R-NC), Martinez (R-FL), and Burns (R-MT).  On the Democratic side, Sen. Dorgan (D-ND) will retain his seat on the panel, but yield the Ranking Member position.

Perchlorate Bill to Force EPA Standard

Rep. Hilda Solis (D-CA), the Ranking Member of the House Environment and Hazardous Materials Subcommittee, introduced a bill on January 4^th (H.R. 213) that would require the EPA to set a drinking water standard for perchlorate within a two-year timetable.  The bill reflects language in an agreement struck between the Defense Department and California environmental regulators to sample military installations in the State for perchlorate contamination, and mandates a nationwide standard.

New Fisheries, Wildlife and Water Chairman

Sen. Lincoln Chafee (R-RI) has been named Chairman of the Senate Environment and Public Works Subcommittee on Fisheries, Wildlife and Water, which has oversight over, and will play a key role in the debate on reforming, the Endangered Species Act.  Sen. Chafee does not have any specific plans to reform ESA at this time, but he stated that he will have the Subcommittee look into infrastructure projects as well as endangered species, and will advocate for clean water and better fisheries management.

Congressional Hearings

Agriculture Nominee Approved by Senate Committee

The Senate Committee on Agriculture, Nutrition and Forestry held a Hearing on January 6^th on the President’s nomination of Gov. Mike Johanns (R-Neb.) to become the 28^th Secretary of the Department of Agriculture.  The Committee (among the least partisan in the Senate) voted unanimously within three hours to approve the nomination, which now goes to the Senate floor.

The Chairman-designate of the Committee, Sen. Saxby-Chambliss (R-GA), praised the Governor for his work with the Western Governor’s Association in the area of drought issues and as Chairman of the Biotechnology Partnership.

Sen. Chuck Hagel (R-NE), Chairman of the Foreign Relations Subcommittee on International Economic Policy, Export and Trade Promotion, offered testimony on behalf of the nominee, “Gov. Johanns brings bold and creative leadership to the post… there could not be a more well-chosen candidate.” 

Gov. Johanns’ opening statement listed areas of his immediate concern, if approved:  promoting ethanol use, foreign trade issues and a possible value-added initiative, and drought.  He recounted how his family farm once lost an entire crop in the 1960’s to drought, and that he was in “awe of the resiliency and determination” of farmers in drought areas.  He promised to move to prioritize drought preparation and response initiatives, improve drought forecasting, and develop an integrated drought monitoring system.  

Gov. Johanns also expressed his “core belief” that citizens should have access to government leadership; that he had an open-door policy as Governor and would continue that practice to “guard against the notion that all good ideas are conceived within the government.”  He stated that he wanted to develop bold plans for the new century ahead, and that if people come to his office to make recommendations, to ‘not bring any little ideas’.

Commerce Nominee Gets Committee Nod

On January 6^th, in a unanimous vote by the Senate Commerce, Science and Transportation Committee, Carlos Gutierrez was approved to be the next Secretary of Commerce. The full Senate is expected to vote on the nomination when Congress returns following the Presidential Inauguration.

Key Agency News Releases

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6 Central Valley Project Long-Term Water Service Contracts Available for Public Review & Comment

December 29, 2004 – “The Bureau of Reclamation and six American River Division Contractors have completed negotiations of their Central Valley Project long-term water service contracts for approximately 281,950 acre-feet of water.  The contracts were negotiated and completed under the Central Valley Project Improvement Act and are available for a 60-day public review and comment period.”  For more information, go to:  http://www.usbr.gov/newsroom/newsrelease/detail.cfm?RecordID=3521 

U.S. Fish & Wildlife Service

Jan. 3, 2005 - “The U.S. Fish and Wildlife Service signed a formal agreement with the Sand County Foundation December 16^th designed to foster collaboration with private landowners on habitat improvement projects that benefit fish and wildlife, Director Steve Williams announced.”  For more information, go to: http://news.fws.gov/NewsReleases/R9/39198A1E-FC1D-0EC6-366AF1062662AFAE.html 

Statement by Ron DeHaven, Administrator, Animal and Plant Health Inspection Service, USDA

January 3, 2005 – “Yesterday, the Canadian Food Inspection Agency (CFIA) confirmed that an older dairy cow from Alberta, Canada, has tested positive for bovine spongiform encephalopathy (BSE).  The infected animal was born in 1996, prior to the implementation of Canada's 1997 feed ban.  No part of the animal entered the human food or animal feed systems.”  For more information, go to:  

http://www.usda.gov/wps/portal/!ut/p/_s.7_0_A/7_0_1OB?contentidonly=true&contentid=2005/01/0001.xml

EPA - “To assist the 5000 municipalities that are currently building programs to prevent and control stormwater pollution, EPA has developed 17 case studies that highlight successful municipal approaches to the six minimum measures that are outlined in the NPDES Stormwater Phase II regulations.”  For more information, go to:  http://cfpub.epa.gov/npdes/stormwater/casestudies.cfm 

New U.S. Fish and Wildlife Service Regulation Allows Maximum Management of Gray Wolves For the States of Montana and Idaho

January 3, 2005 – “The U.S. Fish and Wildlife Service unveiled a new regulation today that expands the authority of States and Native American Tribes with Service-approved wolf management plans to manage gray wolves in the Northern Rocky Mountains population.”  For more information, go to:  http://www.doi.gov/news/050103

Upcoming Public Meeting on Detection & Quantitation

“EPA will hold a half-day public meeting to present findings and recommendations in the Situation Assessment Report on Detection and Quantitation Approaches and Uses in Clean Water Act Programs on Jan. 26. The Office of Water is also inviting nominations for appointment to the related Federal Advisory Committee.”  For more information, go to: www.epa.gov/waterscience/methods/det/

EPA Issues FY 2005 Section 319 Tribal Guidelines

“EPA's Guidelines on Awarding Section 319 Grants to Indian Tribes for FY 2005 was published in the Federal Register on Dec. 22. In FY 2005, EPA will set aside $7 million to support Tribes in implementing their non-point source management programs that address critical water quality concerns on Tribal lands.”  For more information, go to:  http://www.epa.gov/fedrgstr/EPA-WATER/2004/December/Day-22/w27986.htm

Debris-Flow Advisory for Southern California - USGS National Landslide Hazard Information Center January 7, 2005 – “The U.S. Geological Survey today advised State and Federal agencies about the continuing possibility of landslides and debris flows in seven counties of southern California due to recent rains, melting snow, and anticipated rain forecasted by the National Weather Service.”  For more information, go to: http://www.usgs.gov/public/press/public_affairs/press_releases/pr2024m.html

Homeland Security: Further Actions Needed to Coordinate Federal Agencies' Facility Protection Efforts and Promote Key Practices   

Report [GAO-05-49] released January 5, 2005     http://www.gao.gov/new.items/d0549.pdf

Rain in Lower Colorado River Basin Forces Cutback in Releases from Davis, Parker Dams

January 06, 2005 – “Recent rain storms in southern California and Arizona have caused reductions in the amount of water the Bureau of Reclamation will be releasing from Davis and Parker Dams on the lower Colorado River.  At Parker Dam, north of Parker, Arizona, releases have been reduced to approximately 2,000 cubic feet per second. This level of release is expected to continue at least through the weekend.”  For more information, go to:  http://www.usbr.gov/newsroom/newsrelease/detail.cfm?RecordID=3601

Homeland Security Issues Plan Coordinating Crisis Responses

On January 6^th, Homeland Security Secretary Tom Ridge announced the completion of a National Response Plan to unify emergency response activities of some 29 Federal agencies (including EPA) with those of state and local governments and the private sector.  Secretary Ridge resigned in November and is expected to leave office next month.  His announcement said the plan was development out of 42 separate Federal regulations and statutes, 15 executive orders, and 13 Presidential Directives.  The National Response Plan online in pdf is available at: http://www.dhs.gov/nationalresponseplan.

Western Newspaper Headlines

[click on headlines to be taken to articles]

Arizonans willing to save water, want political action

Arizona Republic  January 7, 2005

Arizona Rivers Flow for First Time in Seven Years After Storms
Bloomberg News  January 7, 2005

It’s wet now, but drought’s still on
East Valley Tribune, AZ  January 7, 2005

Curry proposes plan for when rivers run low
Aspen Times, CO  January 7, 2005

Big snows a treat for bone-dry Utah
Salt Lake Tribune, UT  January 7, 2005

DOE seeks input on environmental review
Los Alamos Monitor, NM  January 7, 2005

Water officials hold treatment plant forum Saturday
North County Times, CA   January 6, 2005

Area gets powerful voice on spending committee
The Desert Sun, CA  January 6, 2005

Hoping for another winter of '69
Sierra Sun, CA  January 6, 2005

Western US facing serious water and electricity crisis
Technocrat.net, MA  January 6, 2005

Bureau asks for drought declaration
Herald and News, OR  January 5, 2005

Flooding part of Manteca's history
Manteca Bulletin, CA

Despite long drought, some water plans tardy
Salt Lake Tribune, UT  January 5, 2005

Las Vegas groundwater pumping approved by Nevada state official
Reno Gazette Journal, NV  January 5, 2005

Looking at ways to avert a thirsty future
Denver Post, CO  January 4, 2005

Report on the real water-wasters
Arizona Republic, AZ  January 3, 2005

Farms swallowing most of Arizona's water
AZ Central.com, AZ  Jan 3, 2005

Never-built reservoirs could have captured runoff
Arizona Republic, AZ  January 3, 2005

Storm runoff heads to dead end
KOLD-TV, AZ - Jan 3, 2005

Long confident drought-management plan possible
Summit Daily News, CO  January 2, 2005

Water biggest environment news 2004
Brownsville Herald, TX  January 2, 2005

A natural way of life
Arizona Republic, AZ  January 1, 2005

Bills Introduced in the Senate

                                      -none this week-

Bills Introduced in the House

H.R.12  HAYWORTH

A bill to amend the Education Land Grant Act to require the Secretary of Agriculture to pay the costs of environmental reviews with respect to conveyances under that Act; to the Committee on Resources.

H.R.16  HAYWORTH 

A bill to clarify the rights of Indians and Indian tribes on Indian lands under the National Labor Relations Act; to the Committee on Education and the Workforce. 

H.R.12  HAYWORTH

A bill to amend the Internal Revenue Code of 1986 to allow a credit for residential solar energy property; to the Committee on Ways and Means.

H.R.18  BACA 

A bill to authorize the Secretary of the Interior, acting through the Bureau of Reclamation and in coordination with other Federal, State, and local government agencies, to participate in the funding and implementation of a balanced, long-term groundwater remediation program in California, and for other purposes; to the Committee on Resources.

H.R.39  YOUNG

A bill to establish and implement a competitive oil and gas leasing program that will result in an environmentally sound and job creating program for the exploration, development, and  production of the oil and gas resources of the Coastal Plain, and for other purposes; to the Committee on Resources.

H.R.44  BARTLETT

A bill to direct the Secretary of Homeland Security to establish an independent panel to assess the homeland security needs of the National Capital Region; to the Committee on Homeland Security.

H.R.50  EHLERS

A bill to provide for the National Oceanic and Atmospheric Administration, and for other purposes; referred to the Committee on Science, and in addition to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the Committee concerned.

H.R.74  DAVIS of Virginia

A bill to amend the Federal Water Pollution Control Act to impose limitations on wetlands mitigation activities carried out through the condemnation of private property; to the Committee on Transportation and Infrastructure.

H.R.91  FRELINGHUYSEN 

A bill to authorize the Secretary of Homeland Security to make grants to first responders, and for other purposes; referred to the Committee on Homeland Security, and in addition to the Committees on Transportation and Infrastructure, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the Committee concerned.

H.R.93  GILCHREST

A bill to assist in the conservation of flagship species throughout the world; to the Committee on Resources.

H.R.103  GREEN of Texas

A bill to amend the National Flood Insurance Act of 1968 to provide a 50 percent discount in flood insurance rates for the first 5 years that certain low-cost properties are included in flood hazard zones; to the Committee on Financial Services.

H.R.108  GREEN of Texas

A bill to provide that no more that 50 percent of funding made available under the Low-Income Home Energy Assistance Act of 1981 for any fiscal year be provided for home heating purposes; to the Committee on Energy and Commerce, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the Committee concerned.

H.R.109  HERSETH

A bill to provide compensation to the Lower Brule and Crow Creek Sioux Tribes of South Dakota for damage to tribal land caused by Pick-Sloan projects along the Missouri River; to the Committee on Resources.

H.R.110  HOLT

A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to require local educational agencies and schools to implement integrated pest management systems to minimize the use of pesticides in schools and to provide parents, guardians, and employees with notice of the use of pesticides in schools, and for other purposes; to the Committee on Agriculture.

H.R.122  ISSA

A bill to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project; to the Committee on Resources.

H.R.123  ISSA

A bill to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Elsinore Valley Municipal Water District Wildomar Service Area Recycled Water Distribution Facilities and Alberhill Wastewater Treatment and Reclamation Facility Projects; to the Committee on Resources.

H.R.125  ISSA

A bill to authorize the Secretary of the Interior to construct facilities to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River, California, and for other purposes; to the Committee on Resources, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the Committee concerned.

H.R. 135  LINDER

A bill to establish the ‘‘Twenty-First Century Water Commission’’ to study and develop recommendations for a comprehensive water strategy to address future water needs; to the Committee on Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the Committee concerned.

H.R.140  McHUGH

A bill to promote the use of anaerobic digesters by agricultural producers and rural small businesses to produce renewable energy and improve environmental quality; to the Committee on Agriculture.

H.R.141  McHUGH

A bill to amend the Internal Revenue Code of 1986 to provide for a permanent extension of the credit for producing electricity from wind; to the Committee on Ways and Means.

H.R.142  McHUGH

A bill to amend the Internal Revenue Code of 1986 to provide a tax credit for farmers’ investments in value-added agriculture; to the Committee on Ways and Means.

H.R.143  McHUGH

A bill to provide job creation and assistance, and for other purposes; to the Committee on Education and the Workforce, and in addition to the Committees on Ways and Means, the Judiciary, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the Committee concerned.

H.R.144  McHUGH

A bill to bridge the digital divide in rural areas; to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the Committee concerned.

H.R.145  McHUGH

A bill to establish a grant program to support cluster-based economic development efforts; to the Committee on Transportation and Infrastructure, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the Committee concerned.

H.R.146  McHUGH

A bill to establish a grant program to support broadband-based economic development efforts; to the Committee on Transportation and Infrastructure, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the Committee concerned.

H.R.154  MENENDEZ

A bill to authorize the Secretary of Homeland Security to make grants to reimburse State and local governments and Indian tribes for certain costs relating to the mobilization of Reserves who are first responder personnel of such governments or tribes; referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and the Judiciary, for a period to be subsequently determined by the speaker, in each case for consideration of such provisions as fall within the jurisdiction of the Committee concerned.

H.R.169  MILLENDER-MCDONALD

A bill to amend the Intermodal Surface Transportation Efficiency Act of 1991 to designate a high priority corridor in California; to the Committee on Transportation and Infrastructure.

H.R.172  MILLENDER-MCDONALD

A bill to authorize the Secretary of Health and Human Services to carry out programs regarding the prevention and management of asthma, allergies, and related respiratory problems, to establish a tax credit regarding pest control and indoor air quality and climate control services for multifamily residential housing in low-income communities, and for other purposes; to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the Committee concerned.

H.R.174  MILLENDER-MCDONALD

A bill to encourage greater use of geothermal energy resources; to the Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the Committee concerned.

H.R.177  MILLER of California

A bill to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Prado Basin Natural Treatment System Project, to authorize the Secretary to carry out a program to assist agencies in projects to construct regional brine lines in California, to authorize the Secretary to participate in the Lower Chino Dairy Area desalination demonstration and reclamation project, and for other purposes; to the Committee on Resources.

H.R. 186  POMBO

A bill to authorize the Secretary of the Interior, acting through the Bureau of Reclamation and in coordination with other Federal, State, and local government agencies, to participate in the funding and implementation of a balanced, long-term groundwater remediation program in California, and for other purposes; to the Committee on Resources.

H.R. 213  SOLIS

A bill to amend the Safe Drinking Water Act to require a national primary drinking water regulation for perchlorate; to the Committee on Energy and Commerce.

H.R.233  THOMPSON of California 

A bill to designate certain National Forest System lands in the Mendocino and Six Rivers National Forests and certain Bureau of Land Management lands in Humboldt, Lake, Mendocino, and Napa Counties in the State of California as wilderness, to designate the Elkhorn Ridge Potential Wilderness Area, to designate certain segments of the Black Butte River in Mendocino County, California as a wild or scenic river, and for other purposes; to the Committee on Resources.

Federal Register Notices

DOE.  Western Area Power Administration.  Parker-Davis Project--Post-2008 Resource Pool.  Notice of extension of comment and application period.  This notice extends the filing date for the submission of comments on the proposed procedures for allocating the Parker-Davis Project Post-2008 resource pool power, along with the date for filing applications for an allocation of power from the resource pool, for a period of 30 days.  Entities interested in commenting on proposed procedures, and Entities applying for an allocation of Parker-Davis Project power, must submit written comments to Western's Desert Southwest Regional Office by January 30, 2005: to post2008pdp@wapa.gov    FR  1/03/05  p.78408  

INTERIOR.  Fish and Wildlife Service.  Endangered and Threatened Wildlife and Plants; Final Rule To Designate Critical Habitat for the Santa Ana Sucker.  Final Rule.  We, the U.S. Fish and Wildlife Service, designate critical habitat for the threatened Santa Ana sucker pursuant to the Endangered Species Act of 1973, as amended.  This species is now restricted to three noncontiguous populations in three different stream systems in southern California: The lower and middle Santa Ana River in San Bernardino, Riverside, and Orange counties; the East, West, and North Forks of the San Gabriel River in Los Angeles County; and lower Big Tujunga Creek, a tributary of the Los Angeles River in Los Angeles County.  We have identified 23,719 acres of aquatic and riparian habitats essential to the conservation of the Santa Ana sucker.  We are designating two areas in Los Angeles County, one along the San Gabriel River (Unit 2) and the other along the Big Tujunga Creek (Unit 3) as critical habitat for Santa Ana sucker.  Essential habitat for the Santa Ana sucker in Orange, Riverside, and San Bernardino counties has been excluded from the final critical habitat designation, because we have concluded that the benefits of excluding these lands from critical habitat designation outweigh the benefits of their inclusion pursuant to section 4(b)(2) of the Act.  This rule becomes effective on February 3, 2005.  You may obtain copies of the final rule and the economic analysis from our Internet site at http://carlsbad.fws.gov  FR  1/04/05  p.425  

ENERGY.  National Nuclear Security Administration (NNSA).  Notice of Intent to Prepare a Supplemental Environmental Impact Statement to the Final Site-Wide Environmental Impact Statement for Continued Operation of the Los Alamos National Laboratory.  The NNSA, an agency within the DOE, announces its intent to prepare a supplemental site-wide environmental statement (S-SWEIS) to update the analyses presented in the Final Site-Wide Environmental Impact Statement for Continued Operation of the Los Alamos National Laboratory.  The purpose of this notice is to invite individuals, organizations, and government agencies and entities to participate in developing the scope of the S-SWEIS.  NNSA invites comments on the scope of this S-SWEIS through February 27, 2005.  NNSA will hold a public scoping meeting in Pojoaque, New Mexico on January 19, 2005.  FR  1/5/05  p.807 

AGRICULTURE. Natural Resources Conservation Service.  Notice of Meeting of the Agricultural Air Quality Task Force…to continue discussions on critical air quality issues in relation to agriculture.  Special emphasis will be placed on obtaining a greater understanding about the relationship between agricultural production and air quality.  The meeting will convene on January 27 and 28, 2005, in Arlington, Virginia.  FR  1/6/05  p.1222